R v Hall

Case [1979] FCA 84 28 June 1979

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Crit :~inal 1-aw - Appeal by the Crox-nl againsl; adequacy of

l '

sentbncc

P r i n c i p l e s upon

which

a p p e l l a t e cour t

w i l l

intervene t o a l t e r t r i a l judge's

sentence - Cocsideraxions

r e l e v a n t

t o

the

imposi t ion of

sentence.

Procedure

a t t r i a l -

I r r e g u l a r i t y -

Plea o f

g u i l t y t o two

counts - Re-arraigllment

on f i r s t count a f t e r t r i a l had

cos!aenced - Change of p l e a on f i r s t co r~n t t o g u i l t y ,- V --- Leave t o e n t e r n o l l e prosequi on second comlt - Whether

accused i n the charge of

the jury - Oral leave t o a r r a i g n

on s u b s t i t u t e d second count - Appropriateness o r otherwise

f i l i n g a

n o l l e prosequi

i n r e l a t i o n t o

the

original .

secorlcl

count

lirllether a u t h o r i t y t o d e c l i n e

t o prosecute

a.vail.afjS.c~,

R , v. HALL

NO. W .

l 1 of 1379

GENERkL DIVISIO:?

. l'

. .

BEx'WEzN:

AND:

8 . . .

O R D E R

JUXXS EL9KIIIC ORDl.3:

Toohey, Gallop & Lockhart J. J.

' .

DATE OF O i l D E 3 :

28 June 1979

wg~m

IrmE:

Darwin

I.	.	The appeal against the sentence inposod by the Supreme Court
.	.	P

of the Northern Terr i tory of ~Atralia

- upon the respondent's

being convicted of unlawfully and maliciously s e t t i n g f i r e t o

. .

a building c o n t r a y t o sect ion 86 of

the Criminal Law

Consolidation Act and Ordinance be allowed and t h a t i n

subs t i tu t ion f o r

the s a i d sentence the respondent

imprisoned f o r a period of four years b d ten months with

a non-par013

~ e r i o d

of two years and six months.

The appeal against the sentence inposed by the S u p r e ~ e

Court

of the Northern Terr i tory of Australia upon the respondent's

. . -

being convicted…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Hall

Details

AGLC: R v Hall [1979] FCA 84
Case: [1979] FCA 84
Decision Date: 28 Jun 1979

CaseChat Overview and Summary

In the Federal Court of Australia, Northern Territory District Registry, the Crown appealed against the sentence imposed by the Supreme Court of the Northern Territory on Phillip Graham Hall, who was convicted of unlawfully and maliciously setting fire to a building and committing unlawful and malicious damage by night. The Crown argued that the sentence was inadequate and did not reflect the seriousness of the offences or the need for deterrence and community protection. The Court considered the inherent nature of the offences, the circumstances surrounding their commission, the respondent's antecedents, and the prospects of rehabilitation. The Court found that the sentencing judge had given too much weight to the respondent's prospects of rehabilitation and not enough to the need for deterrence. The Court allowed the appeal and ordered that the respondent be imprisoned for four years and ten months with a non-parole period of two years and six months on the first count, and that the sentences on both counts be served concurrently. The Court did not make any order in respect of the sentence on the substituted second count.

Orders